approvals - bcogc

Non OGAA v 3.3

Permitting and Authorizations of 7 Telephone: (250) 794-5200 Physical Address: 6534 Airport Road, Fort St. John, BC Facsimile: (250) 794-5379 Mailing Address: Bag 2, Fort St. John, BC V1J 2B0 24 Hour: (250) 794-5200

APPROVALS

RE: Determination of Application Area Number 100084454 Approval Holder: Trans Mountain Pipeline ULC

Date of Issuance: May 6, 2021

Effective Date: May 6, 2021

Application Submitted Date: April 19, 2017

Application Determination Number: 100084454

CUTTING PERMIT

“Permit Area” means the areas described in condition 1 of Schedule A of the following Licence of Occupation

Tenure No.: 9000670

Document No.: 959447

APPROVAL

Pursuant to section 47.4 of the Forest Act, and subject to the conditions of these permits the Commission hereby approves the removal of Crown timber from the Permit Area under the cutting permits associated with the Master Licences to Cut as follows:

Master Licence to Cut No.: M02362

Cutting Permit No.: 5

Timber Mark No.: MTB903

Total New Cut: 1.55 ha

Forest District: (DCK) Chilliwack Natural Resource District

Region: Coastal

Conditions

1. Timber harvesting under the above cutting permits must not commence until the Permit Holder has submitted the relevant appraisal documents to the Ministry of Forests, Lands and Natural Resource Operations and Rural Development and received confirmation of the stumpage rate.

2. Stumpage for the cutting permits will be determined according to the Coast Appraisal Manual as amended from time to time.

3. Clearing must be confined to the areas approved in the spatial data referenced in condition 1 of Schedule A of the Licence of Occupation, and must not, without leave of the Commission, occur within:

https://ams-crd.bcogc.ca/crd/

Approval Holder: Trans Mountain Pipeline ULC Application Submission Date: April 19, 2017

Application Determination Number: 100084454 Date Issued: May 6, 2021


an area containing a significant mineral lick, bear den, Trumpeter Swan nest, other nesting site, significant wallow, or Sharp-tailed Grouse Lek, unless it is not damaged by activities approved under this permit; or

a Riparian Management Area, except as approved in the spatial data referenced above, unless the Riparian Management Area has been previously cleared.

4. Despite condition 3, the Approval Holder is permitted to fell any trees located on Crown land within 1.5 tree lengths of the Permit Area that are considered to be a worker safety hazard under applicable regulations and must be felled in order to eliminate the hazard. Trees or portions of these trees that can be accessed from the permit area without causing damage to standing timber may be harvested.

5. All harvested Crown Timber must be marked with the cutting permit’s associated Timber Mark (identified above) in accordance with timber marking requirements of the Forest Act.

6. Any timber removed from the Permit Area must be scaled in accordance with scaling requirements of the Forest Act.

7. The coast merchantability specifications identified in the Provincial Logging Residue and Waste Measurement Procedures Manual in place at the time the timber is harvested apply to these cutting permits.

8. The holder of the cutting permits must pay to the Province any waste billing determined in accordance with the Master Licence to Cut and the terms of this approval.

Termination

9. The cutting permits terminate upon the submission of the post construction plan required under the Licence of Occupation identified in the definition of Permit Area above or upon either the cancellation or expiry of that Licence.

Advisory Guidance

1. The Approval Holder should be aware that the approval under the Forest Act to harvest timber does not extend to harvesting within private land.

2. The Approval Holder should be aware that impacts to recreation features, trails, recreation facilities, interpretative forest sites or recreation sites identified, authorized or established under the Forest and Range Practices Act are subject to additional authorizations by the Ministry of Forests, Lands, Natural Resource Operations and Rural Development.

All pages included in this permit and any attached plan(s) form an integral part of this permit.

___________________________________

James O’Hanley

Vice President, Applications




CHANGES IN AND ABOUT A STREAM

APPROVAL

The Commission, pursuant to section 11 of the Water Sustainability Act, approves the changes in and about a stream, as detailed in the application, for construction and maintenance activities within the activity areas, unless otherwise restricted or refused by this approval and to the conditions below.

Changes in and about a Stream No.: 0003859

As included in the application referenced herein, unless referenced in the Refused Activities table, below.

Tenure No.: N/A

Document No.: N/A

Refusals

The approval of the application for changes in and about streams submitted as part of the Application Area Number referenced above does not include the activity(s) indicated in the Refused Activities table below.

REFUSED ACTIVITIES

Changes in and about a Stream Abbo-Burn_WC1110point51, Abbo_Burn_WC1113point61

BC-709, BC-710b, BC-711a, BC-712, BC-713b, BC-713e, BC-714b, BC-715(SAR), BC-720a, BC-720e, BC-720f, BC-721a, BC-722, BC722.2, BC-726c, BC-727, BC-728a, BC-728a1, BC-732a, BC-733b, BC-739, BC-746a, BC-747, BC-748(RM), BC-748a, BC-749, BC-750a, BC-750a1, BC-750c, BC-751a1

Conditions

1. Except with leave of the Commission, in-stream works must be carried out in accordance with the methods and any mitigations specified in the application.

2. A notice of maintenance activities must be submitted to [email protected], or such other address as indicated in a notice from the Commission, at least 21 working days prior to the commencement of any changes in or about a stream associated with maintenance activities.

3. At least 21 working days prior to the commencement of any changes in or about a stream associated with maintenance activities, the Approval Holder must provide a notice of works to any First Nation(s) who may have Aboriginal Interests identified, as per the BC First Nations Consultative Areas Database, within the area in which the works are to occur.

4. Except with leave of the Commission or where the stream is dry or frozen at the time, water quality must be monitored by a qualified professional during construction or maintenance activities that involve:

a) construction or maintenance within a fish-bearing stream other than the installation or removal of flow isolation works or activities associated with condition 11 a);

b) operation of construction machinery within the riparian reserve zone of a S1, S2 or S3 stream or within 20 meters of an S4 stream.

5. Water monitoring under the above condition must:

a) monitor locations upstream and downstream of the location of any physical disturbance associated with the project either in-stream or in the riparian areas identified above;

b) identify and document any exceedance of the British Columbia Approved Water Quality Guideline: Aquatic Life, Wildlife & Agriculture (March 2016 or as amended or replaced from time to time) (the “Water Quality Guidelines”) likely caused by the construction or maintenance activities;

mailto:[email protected]




c) undertake and document measures to eliminate the cause of any exceedance identified under b) or, if the cause could not be eliminated, to minimize the duration and significance of any detrimental effects; and

d) make the information documented under b) and c) available to the Commission upon request.

6. Any substance, sediment, debris or material that could adversely impact the stream must not be allowed or permitted to enter or leach or seep into the stream from an activity, construction, worksite, storage site, machinery or from components used in the construction or maintenance of any works.

7. The Approval Holder must ensure all of the following for each crossing of a stream, wetland and lake:

a) the crossing is constructed and maintained at times and in a manner that is unlikely to harm fish or destroy, damage or harmfully alter fish habitat;

b) the crossing does not prevent the movement of fish, nor impede the movement of fish to the extent that

it is harmful to the survival of the fish;

c) the side of the stream, lake or wetland is protected at the crossing; and

d) any disturbance to the stream channel and stream bank, wetland or lake bottom, as applicable, is mitigated.

8. Subject to the provisions of this approval, stream crossings must be constructed in accordance with the primary or contingency methods as specified in the Watercourse Crossing Table (01-13283-S6-0000-GEO-TEC-002 R4_20200120.xlsx, uploaded 2020-01-30) and Wetland Crossing Table (Wetland Crossing Table - Spread 6B_20200324.xlsx, uploaded 2020-03-25) submitted with the application.

9. Where the primary crossing method is a trenchless crossing, leave of the Commission is required before implementing any type of contingency trenched crossing method, as specified in the Watercourse Crossing Table (01-13283-S6-0000-GEO-TEC-002 R4_20200120.xlsx, uploaded 2020-01-30) submitted with the application.

10. In-stream activities within a fish bearing stream, lake or wetland must occur:

during the applicable reduced risk work windows as specified in the regional timing windows for respective regions through which the pipeline passes and within which the works will occur;

in accordance with alternative timing and associated mitigation recommended by a qualified professional and accepted by the National Energy Board and provided to the Commission; or

in accordance with an authorization or letter of advice from Fisheries and Oceans Canada that is provided to the Commission.

11. Mechanical stream crossings must be constructed, maintained and deactivated according to the following requirements, as applicable:

To facilitate construction of a crossing, a machine is permitted to ford the stream a maximum of one time in each direction at the crossing location;

Only bridges or culverts may be constructed at stream crossings;

Notwithstanding, (b), matting or steel plates may be used to cross streams classified as NCD, S4 or S6;

The Approval Holder must ensure that permanent bridges are designed and fabricated in compliance with:

(i) the Canadian Standards Association Canadian Bridge Design Code, CAN/CSA-S6; and

(ii) soil property standards, as they apply to bridge piers and abutments; set out in the Canadian Foundation of Engineering Manual.

Except with leave of the Commission, the Approval Holder must ensure that:

(i) any culverts used are designed and fabricated in compliance with the applicable:




(a) Canadian Standards Association CSA G401,Corrugated Steel Pipe Products; or

(b) Canadian Standards Association Standard CSA B1800, Section B182.2, Plastic Non-pressure Pipe Compendium, or

(ii) Any pipe installed in lieu of a culvert is of at least equivalent standard and strength as any culvert as specified above.

Except with leave of the Commission, the Approval Holder must ensure that bridges and culverts meet the criteria set out in (i), (ii), or (iii) below:

(i) The bridge or culvert is designed to pass the highest peak flow of the stream that can reasonably be expected within the return periods set out in Column 2 the table below for the period the Approval Holder anticipates the structure will remain on site, as set out in Column 1 in the table below:

Column 1

Anticipated period crossing structure will remain on site

Column 2

Peak flow period

Bridge or culvert, 3 years or less 10 years

Bridge other than a bridge within a community watershed, more than 3 years but less than 15

50 years

Bridge within a community watershed, more than 3 years 100 years

Bridge, 15 years or more 100 years

Culvert, more than 3 years 100 years

(ii) The bridge, or any component of the bridge:

(a) is designed to pass expected flows during the period the bridge is anticipated to remain on the site;

(b) is constructed, installed and used only in a period of low flow; and

(c) is removed before any period of high flow begins.

(iii) The culvert:

(a) is a temporary installation, and the Approval Holder does not expect to subsequently install a replacement culvert at that location;

(b) is not installed in a stream, when the stream contains fish;

(c) is sufficient to pass flows that occur during the period the culvert remains on the site;

(d) is installed during a period of low flow; and

(e) is removed before any period of high flow begins.

Bridge or culvert abutments, footings and scour protection must be located outside the natural stream channel and must not constrict the channel width;

Subject to condition 11 a), equipment used for activities under this approval must not be situated in a stream channel unless it is dry or frozen to the bottom at the time of the activity, or if under flowing conditions, is carried out in accordance with the advice of a qualified professional.

12. Following initial pipeline construction, stream, lake and wetlands crossings are approved for necessary pipeline maintenance activities except for:

a) works within the boundary of a provincial park;

b) stream bank or stream bed revetment works in a stream classified as S1, S2, S3, S4 or S5;

c) pipe replacement within the stream channel where the original application specified a trenchless crossing method and the planned works involve a trenched crossing method;

d) permanent alteration of a stream bank;




e) works within a Temperature Sensitive Stream established by order under s. 27 of the Environmental Protection and Management Regulation; or

f) works within a Fisheries Sensitive Watershed established by order under s. 28 of the Environmental Protection and Management Regulation.

13. (1) Before any in-stream maintenance works in or adjacent to a stream or wetland crossing occurs where any of the following are established in relation to the stream or wetland after construction of the pipeline is complete:

Species identified as special concern, threatened, or endangered under the federal Species at Risk Act; or

Species identified by Order as a species at risk under the Forest and Range Practices Act or the Oil and Gas Activities Act.

the Approval Holder must submit a plan developed by a qualified professional, to the satisfaction of the Commission, that specifies measures to avoid or mitigate potential impacts to those species.

(2) The Approval Holder must implement the plan when undertaking the maintenance works.

14. Construction and maintenance activities in and about wetlands including wetland crossings must be constructed, maintained and removed in accordance with the following:

a) retain organic cover within and adjacent to the wetland;

b) minimize erosion or release of sediment within the wetland;

c) ensure the natural flow of water is reasonably maintained;

d) any padding materials must be placed on the wetland surface only and must not be used for infilling;

e) except with leave of the Commission, construction or maintenance works within a W1 wetland containing open water must either be isolated or utilize sediment curtains to minimize turbidity;

f) any padding materials must be removed as soon as practicable following construction, considering weather and ground conditions; and

g) the wetland, including banks and bed, must be restored, to the extent practicable, to the condition that existed before the crossing was initiated.

15. Open cut crossings and works within streams, lakes or wetlands must be planned and conducted in accordance with the following requirements:

a) An open cut of a stream classified as S1, S2, S3 or S4 must not occur, unless the stream is frozen to its bed or is completely dry with no evidence of subsurface flow, unless otherwise approved by the National Energy Board and/or Fisheries and Oceans Canada;

b) Where the streambed or substrate consists of rocks, pebbles or coarse gravel overlaying finer material, this material must be removed and stockpiled separately outside the wetted perimeter of the stream for replacement during restoration;

c) Materials referred to in (b) above must be excavated and stockpiled in a manner that minimizes sediment dispersal within the stream, lake or wetland and must be replaced in a manner that minimizes disturbance to the stream, lake or wetland following pipeline installation;

d) Unless otherwise authorized by Fisheries and Oceans Canada, spawning gravels must not be disturbed when redds that contain eggs or alevins are present. The authorization must be provided to the Commission;

e) Channels, banks and beds of streams, wetlands, and lakes, including any disturbed stable natural material, must be restored and mainained, to the extent practicable, to the structure and conditions that existed before the crossing construction was initiated;

f) Excavated materials must be contained using appropriate techniques, so that that sediment-laden water and spoil do not re-enter the stream, lake or wetland;




g) Any sediment-laden trench water must be pumped onto stable surfaces in a manner that does not cause erosion of soils or release of suspended sediments to watercourses; and

h) Where feasible, aquatic vegetation and organic debris removed from the construction area must be salvaged and returned following trench backfilling, and channels, banks and beds of streams, including any disturbed stable natural material must be restored, to the extent practicable, to the structure and conditions that existed before the crossing construction was initiated.

16. Flow isolation crossings and works must be planned and conducted in accordance with (b) to (h) of the above condition regarding open cut crossings and the following additional requirements:

Flow isolation works must be installed prior to any other in-stream construction work at the crossing;

After installation of the flow isolation works, construction of the crossing or works, including the location and operation of any equipment, must be isolated from water flowing in the stream;

Welding, coating, weighting and, where applicable testing, of the pipe must be completed prior to commencement of trenching within fish-bearing water bodies;

Water from flumes, pump-arounds, diversions, or other methods must be released to downstream areas in a manner that avoids erosion or sediment release;

Pump intakes must not disturb beds of fish bearing streams, lakes or wetlands except as necessary to ensure safe installation and operation of equipment, and must be screened with maximum mesh sizes and approach velocities in accordance with the Fisheries and Oceans Canada Freshwater Intake End-of-Pipe Fish Screen Guideline;

Water flows downstream of in-stream construction sites must be maintained at volume and discharge consistent with upstream flows; and

Ditch plugs must be maintained at or near the banks of the crossing and left in place until the crossing has been initiated.

17. Any sediment-laden trench water must be pumped onto stable surfaces in a manner that does not cause erosion of soils or release of suspended sediments to streams.

Advisory Guidance

1. Construction Plans are for the Approval Holder’s internal reference only and were not reviewed as decision tools for this approval, nor do they form an integral part of this approval.

2. The Approval Holder should be aware that there may be First Nation’s traditional, cultural, or spiritual activities occurring concurrently with maintenance activities, as well as cultural resources that overlap the activity area. All reasonable efforts should be made to minimize interference with those activities and resources while carrying out the maintenance.

All pages included in this approval and any attached plan(s) form an integral part of this approval.

___________________________________ James O’Hanley


Correction v 1.0

Permitting and Authorizations Page 1 of 1 Telephone: (250) 794-5200

Physical Address: 6534 Airport Road, Fort St. John, BC Facsimile: (250) 794-5379 Mailing Address: Bag 2, Fort St. John, BC V1J 2B0 24 Hour: (250) 794-5200

August 26, 2020 Trans Mountain Pipeline ULC 2700, 300 - 5th Avenue SW Calgary, AB T2P 5J2 Attention: Trans Mountain Pipeline ULC Re: Correction to Application Determination Number 100084454

Approval Holder: Trans Mountain Pipeline ULC Date of Approval Issuance: July 20, 2020 Date of Correction: August 26, 2020 Application Determination Number: 100084454

The BC Oil and Gas Commission hereby corrects the approval identified and dated above as follows:

Within the Licence of Occupation Replace:

"Land" means:

Unsurveyed Right of Way over Crown land within the South Coast Natural Resource Region (From: D-12-K/92-H-4 To: D-77-H/92-G-2), identified in the spatial data submitted to the Commission in permit application 100084454 April 19, 2017 containing 6.16 hectares more or less;

except for those parts of the land that, on the Commencement Date, consist of highways (as defined in the Highway Act) and land covered by water;

with:

"Land" means:

Unsurveyed Right of Way over Crown land within the South Coast Natural Resource Region (along construction corridor from: D-12-K/92-H-4 To: D-77-H/92-G-2), identified in the spatial data submitted to the Commission in

permit application 100084454 April 19, 2017 containing 6.16 hectares more or less;


The Approval Holder must comply with any permissions, authorizations, approvals and conditions set out in the original approval, any subsequent amendments to the approval and any additional corrections as set out herein.

This letter forms an integral part of your approval and should be attached thereto.

____________________________________ Lori Phillips Authorizations Manager

Non OGAA v 3.3

Permitting and Authorizations Page 1 of 8 Telephone: (250) 794-5200 Physical Address: 6534 Airport Road, Fort St. John, BC Facsimile: (250) 794-5379 Mailing Address: Bag 2, Fort St. John, BC V1J 2B0 24 Hour: (250) 794-5200

APPROVALS

RE: Determination of Application Area Number 100084454

Approval Holder: Trans Mountain Pipeline ULC

Date of Issuance: July 20, 2020

Effective Date: July 20, 2020



CUTTING PERMIT

“Permit Area” means the areas described in condition 1 of Schedule A of the following Licence of Occupation

Tenure No.: 9000670

Document No.: 959447

APPROVAL

Pursuant to section 47.4 of the Forest Act, and subject to the conditions of these permits the Commission hereby approves the removal of Crown timber from the Permit Area under the cutting permits associated with the Master Licences to Cut as follows:

Master Licence to Cut No.: M02362

Cutting Permit No.: 5

Timber Mark No.: MTB903

Total New Cut: 1.55 ha

Forest District: (DCK) Chilliwack Natural Resource

District

Region: Coastal

Conditions

1. Timber harvesting under the above cutting permits must not commence until the Permit Holder has submitted the relevant appraisal documents to the Ministry of Forests, Lands and Natural Resource Operations and Rural Development and received confirmation of the stumpage rate.

2. Stumpage for the cutting permits will be determined according to the Coast Appraisal Manual as amended from time to time.

3. Clearing must be confined to the areas approved in the spatial data referenced in condition 1 of Schedule A of the Licence of Occupation, and must not, without leave of the Commission, occur within:

https://ams-crd.bcogc.ca/crd/


Application Determination Number: 100084454 Date Issued: July 20, 2020


an area containing a significant mineral lick, bear den, Trumpeter Swan nest, other nesting site, significant wallow, or Sharp-tailed Grouse Lek, unless it is not damaged by activities approved under this permit; or

a Riparian Management Area, except as approved in the spatial data referenced above, unless the Riparian Management Area has been previously cleared.

4. Despite condition 3, the Approval Holder is permitted to fell any trees located on Crown land within 1.5 tree lengths of the Permit Area that are considered to be a worker safety hazard under applicable regulations and must be felled in order to eliminate the hazard. Trees or portions of these trees that can be accessed from the permit area without causing damage to standing timber may be harvested.

5. All harvested Crown Timber must be marked with the cutting permit’s associated Timber Mark (identified above) in accordance with timber marking requirements of the Forest Act.

6. Any timber removed from the Permit Area must be scaled in accordance with scaling requirements of the Forest Act.

7. The coast merchantability specifications identified in the Provincial Logging Residue and Waste Measurement Procedures Manual in place at the time the timber is harvested apply to these cutting permits.

8. The holder of the cutting permits must pay to the Province any waste billing determined in accordance with the Master Licence to Cut and the terms of this approval.

Termination

9. The cutting permits terminate upon the submission of the post construction plan required under the Licence of Occupation identified in the definition of Permit Area above or upon either the cancellation or expiry of that Licence.

Advisory Guidance

1. The Approval Holder should be aware that the approval under the Forest Act to harvest timber does not extend

to harvesting within private land.

2. The Approval Holder should be aware that impacts to recreation features, trails, recreation facilities, interpretative forest sites or recreation sites identified, authorized or established under the Forest and Range Practices Act are subject to additional authorizations by the Ministry of Forests, Lands, Natural Resource

Operations and Rural Development.

All pages included in this permit and any attached plan(s) form an integral part of this permit.

___________________________________

James O’Hanley





CHANGES IN AND ABOUT A STREAM

APPROVAL

The Commission, pursuant to section 11 of the Water Sustainability Act, approves the changes in and about a stream, as detailed in the application, for construction and maintenance activities within the activity areas, unless otherwise restricted or refused by this approval and to the conditions below.

Changes in and about a Stream No.:

0003859

As included in the application referenced herein, unless referenced in the Refused Activities table, below.

Tenure No.: N/A

Document No.: N/A

Refusals

The approval of the application for changes in and about streams submitted as part of the Application Area Number referenced above does not include the activity(s) indicated in the Refused Activities table below.

REFUSED ACTIVITIES

Changes in and about a Stream Abbo-Burn_W1095point4, Abbo-Burn_WC1110point51, Abbo_Burn_WC1113point61

BC-709, BC-710b, BC-711a, BC-712, BC-713b, BC-713e, BC-714 (SAR), BC-714a(SAR), BC-714b, BC-715(SAR), BC-720a, BC-720c, BC-720e, BC-720f, BC-721, BC-721a, BC-722, BC722.2, BC-722a1, BC-722a2, BC-723, BC-724, BC-725, BC-725.1, BC-725.2, BC-725b, BC-725e, BC-726, BC-726c, BC-727, BC-727a, BC-728, BC-728a, BC-728a1, BC-728d, BC-728e, BC-729, BC-729a, BC-729e, BC-730, BC-730d, BC-732a, BC-732a1, BC-732b, BC-732c, BC-733.1, BC-733a, BC-733b, BC-733d, BC-734b, BC-736, BC-739, BC-742, BC-745a, BC-746, BC-746a, BC-747, BC-748(RM), BC-748a, BC-748b, BC-749, BC-749a, BC-750, BC-750a, BC-750a1, BC-750c, BC-751a1

Conditions

1. Except with leave of the Commission, in-stream works must be carried out in accordance with the methods and any mitigations specified in the application.

2. A notice of maintenance activities must be submitted to [email protected], or such other address as indicated in a notice from the Commission, at least 21 working days prior to the commencement of any changes in or about a stream associated with maintenance activities.

3. At least 21 working days prior to the commencement of any changes in or about a stream associated with maintenance activities, the Approval Holder must provide a notice of works to any First Nation(s) who may have Aboriginal Interests identified, as per the BC First Nations Consultative Areas Database, within the area in which the works are to occur.

4. Except with leave of the Commission or where the stream is dry or frozen at the time, water quality must be monitored by a qualified professional during construction or maintenance activities that involve:

a) construction or maintenance within a fish-bearing stream other than the installation or removal of flow isolation works or activities associated with condition 11 a);

b) operation of construction machinery within the riparian reserve zone of a S1, S2 or S3 stream or within 20 meters of an S4 stream.

mailto:[email protected]




5. Water monitoring under the above condition must:

a) monitor locations upstream and downstream of the location of any physical disturbance associated with the project either in-stream or in the riparian areas identified above;

b) identify and document any exceedance of the British Columbia Approved Water Quality Guideline: Aquatic Life, Wildlife & Agriculture (March 2016 or as amended or replaced from time to time) (the “Water Quality Guidelines”) likely caused by the construction or maintenance activities;

c) undertake and document measures to eliminate the cause of any exceedance identified under b) or, if the cause could not be eliminated, to minimize the duration and significance of any detrimental effects; and

d) make the information documented under b) and c) available to the Commission upon request.

6. Any substance, sediment, debris or material that could adversely impact the stream must not be allowed or permitted to enter or leach or seep into the stream from an activity, construction, worksite, storage site, machinery or from components used in the construction or maintenance of any works.

7. The Approval Holder must ensure all of the following for each crossing of a stream, wetland and lake:

a) the crossing is constructed and maintained at times and in a manner that is unlikely to harm fish or destroy, damage or harmfully alter fish habitat;

b) the crossing does not prevent the movement of fish, nor impede the movement of fish to the extent that

it is harmful to the survival of the fish;

c) the side of the stream, lake or wetland is protected at the crossing; and

d) any disturbance to the stream channel and stream bank, wetland or lake bottom, as applicable, is mitigated.

8. Subject to the provisions of this approval, stream crossings must be constructed in accordance with the primary or contingency methods as specified in the Watercourse Crossing Table (01-13283-S6-0000-GEO-TEC-002 R4_20200120.xlsx, uploaded 2020-01-30) and Wetland Crossing Table (Wetland Crossing Table - Spread 6B_20200324.xlsx, uploaded 2020-03-25) submitted with the application.

9. Where the primary crossing method is a trenchless crossing, leave of the Commission is required before implementing any type of contingency trenched crossing method, as specified in the Watercourse Crossing Table (01-13283-S6-0000-GEO-TEC-002 R4_20200120.xlsx, uploaded 2020-01-30) submitted with the application.

10. In-stream activities within a fish bearing stream, lake or wetland must occur:

during the applicable reduced risk work windows as specified in the regional timing windows for respective regions through which the pipeline passes and within which the works will occur;

in accordance with alternative timing and associated mitigation recommended by a qualified professional and accepted by the National Energy Board and provided to the Commission; or

in accordance with an authorization or letter of advice from Fisheries and Oceans Canada that is provided to the Commission.

11. Mechanical stream crossings must be constructed, maintained and deactivated according to the following requirements, as applicable:

To facilitate construction of a crossing, a machine is permitted to ford the stream a maximum of one time in each direction at the crossing location;

Only bridges or culverts may be constructed at stream crossings;

Notwithstanding, (b), matting or steel plates may be used to cross streams classified as NCD, S4 or S6;

The Approval Holder must ensure that permanent bridges are designed and fabricated in compliance with:




(i) the Canadian Standards Association Canadian Bridge Design Code, CAN/CSA-S6; and

(ii) soil property standards, as they apply to bridge piers and abutments; set out in the Canadian Foundation of Engineering Manual.

Except with leave of the Commission, the Approval Holder must ensure that:

(i) any culverts used are designed and fabricated in compliance with the applicable:

(a) Canadian Standards Association CSA G401,Corrugated Steel Pipe Products; or

(b) Canadian Standards Association Standard CSA B1800, Section B182.2, Plastic Non-pressure Pipe Compendium, or

(ii) Any pipe installed in lieu of a culvert is of at least equivalent standard and strength as any culvert as specified above.

Except with leave of the Commission, the Approval Holder must ensure that bridges and culverts meet the criteria set out in (i), (ii), or (iii) below:

(i) The bridge or culvert is designed to pass the highest peak flow of the stream that can reasonably be expected within the return periods set out in Column 2 the table below for the period the Approval Holder anticipates the structure will remain on site, as set out in Column 1 in the table below:

Column 1

Anticipated period crossing structure will remain on site

Column 2

Peak flow period

Bridge or culvert, 3 years or less 10 years

Bridge other than a bridge within a community watershed, more than 3 years but less than 15

50 years

Bridge within a community watershed, more than 3 years 100 years

Bridge, 15 years or more 100 years

Culvert, more than 3 years 100 years

(ii) The bridge, or any component of the bridge:

(a) is designed to pass expected flows during the period the bridge is anticipated to remain on the site;

(b) is constructed, installed and used only in a period of low flow; and

(c) is removed before any period of high flow begins.

(iii) The culvert:

(a) is a temporary installation, and the Approval Holder does not expect to subsequently install a replacement culvert at that location;

(b) is not installed in a stream, when the stream contains fish;

(c) is sufficient to pass flows that occur during the period the culvert remains on the site;

(d) is installed during a period of low flow; and

(e) is removed before any period of high flow begins.

Bridge or culvert abutments, footings and scour protection must be located outside the natural stream channel and must not constrict the channel width;

Subject to condition 11 a), equipment used for activities under this approval must not be situated in a stream channel unless it is dry or frozen to the bottom at the time of the activity, or if under flowing conditions, is carried out in accordance with the advice of a qualified professional.




12. Following initial pipeline construction, stream, lake and wetlands crossings are approved for necessary pipeline maintenance activities except for:

a) works within the boundary of a provincial park;

b) stream bank or stream bed revetment works in a stream classified as S1, S2, S3, S4 or S5;

c) pipe replacement within the stream channel where the original application specified a trenchless crossing method and the planned works involve a trenched crossing method;

d) permanent alteration of a stream bank;

e) works within a Temperature Sensitive Stream established by order under s. 27 of the Environmental Protection and Management Regulation; or

f) works within a Fisheries Sensitive Watershed established by order under s. 28 of the Environmental Protection and Management Regulation.

13. (1) Before any in-stream maintenance works in or adjacent to a stream or wetland crossing occurs where any of the following are established in relation to the stream or wetland after construction of the pipeline is complete:

Species identified as special concern, threatened, or endangered under the federal Species at Risk Act;

or

Species identified by Order as a species at risk under the Forest and Range Practices Act or the Oil and Gas Activities Act.

the Approval Holder must submit a plan developed by a qualified professional, to the satisfaction of the Commission, that specifies measures to avoid or mitigate potential impacts to those species.

(2) The Approval Holder must implement the plan when undertaking the maintenance works.

14. Construction and maintenance activities in and about wetlands including wetland crossings must be constructed, maintained and removed in accordance with the following:

a) retain organic cover within and adjacent to the wetland;

b) minimize erosion or release of sediment within the wetland;

c) ensure the natural flow of water is reasonably maintained;

d) any padding materials must be placed on the wetland surface only and must not be used for infilling;

e) except with leave of the Commission, construction or maintenance works within a W1 wetland containing open water must either be isolated or utilize sediment curtains to minimize turbidity;

f) any padding materials must be removed as soon as practicable following construction, considering weather and ground conditions; and

g) the wetland, including banks and bed, must be restored, to the extent practicable, to the condition that existed before the crossing was initiated.

15. Open cut crossings and works within streams, lakes or wetlands must be planned and conducted in accordance with the following requirements:

a) An open cut of a stream classified as S1, S2, S3 or S4 must not occur, unless the stream is frozen to its bed or is completely dry with no evidence of subsurface flow, unless otherwise approved by the

National Energy Board and/or Fisheries and Oceans Canada;

b) Where the streambed or substrate consists of rocks, pebbles or coarse gravel overlaying finer material, this material must be removed and stockpiled separately outside the wetted perimeter of the stream for replacement during restoration;

c) Materials referred to in (b) above must be excavated and stockpiled in a manner that minimizes sediment dispersal within the stream, lake or wetland and must be replaced in a manner that minimizes disturbance to the stream, lake or wetland following pipeline installation;




d) Unless otherwise authorized by Fisheries and Oceans Canada, spawning gravels must not be disturbed when redds that contain eggs or alevins are present. The authorization must be provided to the Commission;

e) Channels, banks and beds of streams, wetlands, and lakes, including any disturbed stable natural material, must be restored and mainained, to the extent practicable, to the structure and conditions that existed before the crossing construction was initiated;

f) Excavated materials must be contained using appropriate techniques, so that that sediment-laden water and spoil do not re-enter the stream, lake or wetland;

g) Any sediment-laden trench water must be pumped onto stable surfaces in a manner that does not cause erosion of soils or release of suspended sediments to watercourses; and

h) Where feasible, aquatic vegetation and organic debris removed from the construction area must be salvaged and returned following trench backfilling, and channels, banks and beds of streams, including any disturbed stable natural material must be restored, to the extent practicable, to the structure and conditions that existed before the crossing construction was initiated.

16. Flow isolation crossings and works must be planned and conducted in accordance with (b) to (h) of the above condition regarding open cut crossings and the following additional requirements:

Flow isolation works must be installed prior to any other in-stream construction work at the crossing;

After installation of the flow isolation works, construction of the crossing or works, including the location and operation of any equipment, must be isolated from water flowing in the stream;

Welding, coating, weighting and, where applicable testing, of the pipe must be completed prior to commencement of trenching within fish-bearing water bodies;

Water from flumes, pump-arounds, diversions, or other methods must be released to downstream areas in a manner that avoids erosion or sediment release;

Pump intakes must not disturb beds of fish bearing streams, lakes or wetlands except as necessary to ensure safe installation and operation of equipment, and must be screened with maximum mesh sizes and approach velocities in accordance with the Fisheries and Oceans Canada Freshwater Intake End-of-Pipe Fish Screen Guideline;

Water flows downstream of in-stream construction sites must be maintained at volume and discharge consistent with upstream flows; and

Ditch plugs must be maintained at or near the banks of the crossing and left in place until the crossing has been initiated.

17. Any sediment-laden trench water must be pumped onto stable surfaces in a manner that does not cause erosion of soils or release of suspended sediments to streams.

Advisory Guidance

1. Construction Plans are for the Approval Holder’s internal reference only and were not reviewed as decision tools for this approval, nor do they form an integral part of this approval.

2. The Approval Holder should be aware that there may be First Nation’s traditional, cultural, or spiritual activities occurring concurrently with maintenance activities, as well as cultural resources that overlap the activity area. All reasonable efforts should be made to minimize interference with those activities and resources while carrying out the maintenance.




All pages included in this approval and any attached plan(s) form an integral part of this approval.

___________________________________

James O’Hanley


of 13 OGC – UTILITY LICENCE

Licence No. 959447 File No. 9000670

THIS AGREEMENT is dated for reference July 20, 2020 and is made under the Land Act.

BETWEEN:

OIL and GAS COMMISSION, a corporation continued under the Oil and Gas Activities Act, S.B.C. 2008, c. 36, an agent of Her Majesty the Queen

in Right of the Province of British Columbia, having its offices at 6534 Airport Road, Fort St. John, British Columbia V1J 4M6

(the "Commission")

AND:

TRANS MOUNTAIN PIPELINE ULC (Inc. No. A0070893)

2700, 300 – 5th Avenue SW Calgary, Alberta T2P 5J2

(the "Licensee")

The parties agree as follows:

ARTICLE 1 - INTERPRETATION

1.1 In this Agreement:

"Agreement" means this licence of occupation;

"Certificates" means Certificates OC-064, AO-004-OC-049 and AO-005-OC-02 issued by the

Canada Energy Regulator (formerly National Energy Board) on December 1, 2016;

"Commencement Date" means July 20, 2020;

"Disposition" has the meaning given to it in the Land Act and includes a licence of occupation;

"Fee" means the fee set out in Article 3;

"Financing Entities" means the Persons, if any, or their agent or trustee, providing the Licensee with any or all of its development, construction, operating, term or project financing with respect to the Improvements or the Pipeline or any activity related thereto, whether at the time of execution of this Agreement or during the term of this Agreement;

"Improvements" includes anything made, constructed, erected, built, altered, repaired or added to, in, on or under the Land, and attached to it or intended to become a part of it, and also includes any clearing, excavating, digging, drilling, tunnelling, filling, grading or ditching of, in, on or under the Land;

Licence of Occupation




"Land" means:

Unsurveyed Right of Way over Crown land within the South Coast Natural Resource Region (From: D-12-K/92-H-4 To: D-77-H/92-G-2), identified in the spatial data submitted to the Commission in permit application 100084454 April 19, 2017 containing 6.16 hectares more or less;


"Person" means any individual, partnership, limited partnership, firm, trust, body corporate,

agency, administrative board, unincorporated body of persons, association or government authority;

"Pipeline" has the same meaning as prescribed in the Canadian Energy Regulator Act (formerly National Energy Board Act) (Canada) and shall include the Pipeline approved by the Certificates;

"Realty Taxes" means all taxes, rates, levies, duties, charges and assessments levied or charged,

at any time, by any competent governmental authority which relate to the Land, the Improvements or both of them and which you are liable to pay;

"Security" means the security referred to in section 6.1 or 6.2, as replaced or supplemented in

accordance with section 6.5;

"Term" means the period of time set out in section 2.2;

"we", "us" or "our" refers to the Commission alone and never refers to the combination of the Commission and the Licensee: that combination is referred to as "the parties"; and

"you" or "your" refers to the Licensee.

1.2 In this Agreement, "person" includes a corporation, firm or association and wherever the singular

or masculine form is used in this Agreement it will be construed as the plural or feminine or neuter form, as the case may be, and vice versa where the context or parties require.

1.3 The captions and headings contained in this Agreement are for convenience only and do not define

or in any way limit the scope or intent of this Agreement.

1.4 This Agreement will be interpreted according to the laws of the Province of British Columbia.

1.5 Where there is a reference to an enactment of the Province of British Columbia or of Canada in

this Agreement, that reference will include a reference to every amendment to it, every regulation made under it and any subsequent enactment of like effect and, unless otherwise indicated, all enactments referred to in this Agreement are enactments of the Province of British Columbia.

1.6 If any section of this Agreement, or any part of a section, is found to be illegal or unenforceable,

that section or part of a section, as the case may be, will be considered separate and severable and the remainder of this Agreement will not be affected and this Agreement will be enforceable to the fullest extent permitted by law.

1.7 Each schedule to this Agreement is an integral part of this Agreement as if set out at length in the

body of this Agreement.




1.8 This Agreement constitutes the entire agreement between the parties and no understanding or agreement, oral or otherwise, exists between the parties with respect to the subject matter of this Agreement except as expressly set out in this Agreement and this Agreement may not be modified except by subsequent agreement in writing between the parties.

1.9 Each party will, upon the request of the other, do or cause to be done all lawful acts necessary for

the performance of the provisions of this Agreement.

1.10 All provisions of this Agreement in our favour and all of our rights and remedies, either at law or in

equity, will survive the termination of this Agreement.

1.11 Time is of the essence of this Agreement.

1.12 Wherever this Agreement provides that an action may be taken, a consent or approval must be

obtained or a determination must be made, then you or we, as the case may be, will act reasonably in taking such action, deciding whether to provide such consent or approval or making such determination.

ARTICLE 2 - GRANT AND TERM

2.1 On the terms and conditions of this Agreement, including the conditions specified in Schedule A,

we grant you a licence for you, and your employees, invitees, agents, consultants, Financing Entities, and contractors and their subcontractors to occupy the Land only for the purposes of excavating for, constructing, operating, removing, replacing, reconstructing, repairing and safeguarding the Improvements necessary for the purpose of construction and operation of the Pipeline, including workspaces, and for telecommunications equipment necessary for the operation of such Improvements or the Pipeline; and you acknowledge this licence of occupation does not grant you exclusive use and occupancy of the Land.

2.2 This Agreement is effective as of the date of execution, and the Term shall commence on the

Commencement Date and continue until the tenth (10th) anniversary of that date, or such earlier date provided for in writing when you notify the Commission that you no longer require the Land for the purposes identified in section 2.1 or pursuant to a termination under Article 9.

2.3 Within one year after:

(a) construction of the Pipeline is complete; or

(b) an amendment to the Land is approved by the Commission,

you must submit to the Commission a boundary plan of the Land prepared and completed by a British Columbia Land Surveyor;

2.4 If you:

(a) satisfy the requirements of section 218 of the Land Title Act;

(b) are not in default under this Agreement; and

(c) have delivered a written notice to us not later than 30 days prior to the expiration of this

Agreement confirming that a boundary plan of the Land has been prepared and completed by a British Columbia Land Surveyor,




then, upon payment to us of the fees due under the Land Act as prescribed by the Land Use Operational Policy – Utilities for the issuance of a statutory right of way, we will grant to you a statutory right of way over the Land described in the boundary plan, in a form substantially similar to the form used by the Commission at the time of issuance of the statutory right of way, as may be amended to address the terms and conditions agreed to between the Commission and the Licensee.

ARTICLE 3 - FEES

3.1 You will pay to us the Fee for the Term, being $500.00, payable within 90 days of the Offered date.

ARTICLE 4- COVENANTS

4.1 You must:

(a) pay, when due:

(i) the Fee to us at the address set out in Article 11;

(ii) the Realty Taxes; and

(iii) all charges for electricity, gas, water and other utilities supplied to the Land for use

by you or on your behalf or with your permission;

(b) deliver to us, immediately upon demand, receipts or other evidence of the payment of

Realty Taxes and all other money required to be paid by you under this Agreement;

(c) observe, abide by and comply with:

(i) all applicable laws, bylaws, orders, directions, ordinances, of any competent

governmental authority, having jurisdiction over the Pipeline, Improvements and associated activities, or the use or occupation of the Land or the Improvements; and

(ii) the provisions of this Agreement;

(d) in respect of the use of the Land by you or by anyone you permit to use the Land, keep the

Land and the Improvements in a safe, clean and sanitary condition satisfactory to us, and at our written request, make the Land and the Improvements safe, clean and sanitary;

(e) use and occupy the Land only in accordance with and for the purposes set out in

section 2.1;

(f) not construct, place or affix any Improvement on or to the Land except as necessary for

the purposes set out in section 2.1;

(g) pay all accounts and expenses as they become due for work performed on or materials

supplied to the Land at your request, on your behalf or with your permission, except for money that you are required to hold back under the Builders Lien Act;

(h) if any claim of lien over the Land is made under the Builders Lien Act for work performed

on or materials supplied to the Land at your request, on your behalf or with your permission,




immediately take all steps necessary to have the lien discharged, unless the claim of lien is being contested in good faith by you and you have taken the steps necessary to ensure that the claim of lien will not subject the Land or any interest of yours under this Agreement to sale or forfeiture;

(i) not cut or remove timber on or from the Land without being granted the right under the

Forest Act to harvest Crown timber on the Land;

(j) following any soil disturbance resulting from the Licensee’s construction or maintenance of

the Improvements, and as soon as it is practicable to do so, at your expense:

(i) cause all construction debris to be removed from that part of the Land, and

(ii) replace all topsoil removed from and grade and contour that part of the Land so it

is suitable for its use as a Pipeline right of way under this Agreement,

to the standard required by the applicable laws and the terms of the applicable Pipeline approvals;

(k) permit us, or our authorized representatives, to enter on the Land at any time to inspect

the Land and the Improvements;

(l) indemnify and save us, the Province and our and the Province's servants, employees and

agents harmless against all claims, actions, causes of action, losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) your breach, violation or non-performance of a provision of this Agreement; and

(ii) any personal injury, bodily injury (including death) or property damage occurring

or happening on or off the Land that was caused by your entry upon, use or occupation of the Land,

the amount of all such losses, damages, costs and liabilities will be payable to us or the Province immediately upon demand; and

(m) if a statutory right of way has not been entered into pursuant to Section 2.4 prior to the

termination of this Agreement:

(i) cease the use of and decommission, abandon and/or remove the portion of the

Pipeline within the Land in accordance the applicable laws and the directions of the applicable government agency governing the Pipeline, and in accordance with our reasonable requirements that are not in conflict with such laws;

(ii) restore the surface of the Land as nearly as may reasonably be possible to the

same condition as it was on the Commencement Date; and

(iii) thereafter, peaceably quit and deliver possession of the Land to us,

and all of your right, interest, and estate in the Land will be absolutely forfeited to us, and to the extent necessary, this covenant will survive the termination of this Agreement.




(n) if artifacts, features, materials or things protected under section 13(2) of the Heritage Conservation Act are identified, unless you hold a permit under section 12 of the Heritage Conservation Act in respect of that artifact, feature, material or thing:

(i) immediately cease all work in the vicinity of the artifacts, features, materials or

things; and

(ii) immediately notify the Commission and the Archaeology Branch, Ministry of

Forests, Lands & Natural Resource Operations; and refrain from resuming work in the vicinity of the artifacts, features, materials or things except in accordance with an appropriate mitigation plan that has been prepared in accordance the Heritage Conservation Act.

4.2 You will not permit any person to do anything you are restricted from doing under this Article.

4.3 We will not do anything on the Land that will interfere materially with the Improvements or your use

of the Improvements, or that creates a public hazard.

ARTICLE 5 - LIMITATIONS

5.1 You agree with us that:

(a) we and the Province are under no obligation to provide access or services to the Land or

to maintain or improve existing access roads;

(b) this Agreement is subject to:

(i) all subsisting dispositions and subsisting grants to or rights of any person made or

acquired under the Coal Act, Forest Act, Mineral Tenure Act, Petroleum and Natural Gas Act, Land Act, Range Act, Wildlife Act or Water Act, or any extension or renewal of the same, whether or not you have actual notice of them; and

(ii) the exceptions and reservations of interests, rights, privileges and titles referred to

in section 50 of the Land Act;

(c) without limiting subsection 4.1(l), you must indemnify and save us, the Province and our

and the Province's servants, employees and agents harmless from and against all claims, actions, causes of action, losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of any conflict between your rights under this Agreement and the rights of any person under a disposition or under a subsisting grant to or right of any person made or acquired under the Coal Act, Forest Act, Mineral Tenure Act, Petroleum and Natural Gas Act, Range Act, Wildlife Act or Water Sustainability Act (or any prior or subsequent enactment of the Province of British Columbia of like effect), or any extension or renewal of the same, whether or not you have actual notice of them, and the amount of all such losses, damages, costs and liabilities will be payable to us immediately upon demand;

(d) you release us and the Province from all claims, actions, causes of action, suits, debts

and demands that you now have or may at any time in the future have against us or the Province arising out of any conflict between your rights under this Agreement and the rights of any person under a disposition or under a subsisting grant to or right made or acquired under the enactments referred to in subsection (c), and you




acknowledge that this Agreement and your rights under this Agreement are subject to those grants and rights referred to in subsection (c) whether or not you have actual notice of them;

(e) we or the Province may make other dispositions of or over the Land, provided that we or

the Province are satisfied such dispositions will not materially affect construction or operation of the Pipeline;

(f) you will make no claim against us or the Province for compensation, in damages or

otherwise, in respect of a disposition made under subsection (e), where such disposition does not materially affect the exercise of your rights under this Agreement;

(g) subject to subsection (f), all of your costs and expenses, direct or indirect, that arise out of

any lawful interference with your rights under this Agreement as a result of the exercise or operation of the interests, rights, privileges and titles reserved to us and the Province in subsections (b) and (e) will be borne solely by you;

(h) you will not commence or maintain proceedings under section 65 of the Land Act in respect

of any lawful interference with your rights under this Agreement that arises as a result of the exercise or operation of the interests, rights, privileges and titles described in subsections (b) and (e);

(i) you will not remove or permit the removal of any Improvement from the Land except as

expressly permitted or required under this Agreement and the Canadian Energy Regulator Act (Canada) or any other applicable legislation;

(j) any interest you may have in the Improvements ceases to exist and becomes our property

upon the termination of this Agreement, except where an Improvement may be removed under paragraph 4.1(m); and

(k) if, after the termination of this Agreement, we permit you to remain in possession of the

Land and we accept money from you in respect of such possession, a tenancy from year to year will not be created by implication of law and you will be deemed to be a monthly occupier only subject to all of the provisions of this Agreement, except as to duration, in the absence of a written agreement to the contrary.

ARTICLE 6 - SECURITY AND INSURANCE

6.1 You acknowledge that we may notify you to deliver to us security within 60 days’ of such notice,

which will:

(a) guarantee the performance of your obligations under this Agreement;

(b) be in the form and amount required by us; and

(c) remain in effect until we certify, in writing, that you have fully performed your obligations

under this Agreement.

6.2 Despite section 6.1, your obligations under that section are suspended for so long as you maintain

in good standing other security acceptable to us to guarantee the performance of your obligations under this Agreement and all other dispositions held by you.




6.3 We may use the Security for the payment of any costs and expenses incurred by us and the Province to perform any of your obligations under this Agreement that are not performed by you or to pay any overdue Fees and, if such event occurs, you will, within 30 days of that event, deliver further Security to us in an amount equal to the amount drawn down by us.

6.4 After we certify, in writing, that you have fully performed your obligations under this Agreement, we

will return to you any Security maintained under section 6.1, less all amounts drawn down by us under section 6.3.

6.5 You acknowledge that we may, from time to time, notify you to:

(a) change the form or amount of the Security; and

(b) provide and maintain another form of Security in replacement of or in addition to the

Security posted by you under this Agreement. Such replacement of additional Security will be appropriate and reasonable for your activities under the Agreement.

and you will, within 60 days of receiving such notice, deliver to us written confirmation that the change has been made or the replacement or additional form of Security has been provided by you.

6.6 You must:

(a) without limiting your obligations or liabilities under this Agreement, at your expense, effect

and keep in force during the Term Comprehensive/Commercial General Liability insurance protecting us and the Province as additional insured in an amount of not less than $1,000,000.00 inclusive per occurrence insuring against liability for personal injury, bodily injury (including death) or property damage, and claims for liability assumed under contract, arising from all accidents or occurrences on the Land or the Improvements;

(b) on the Commencement Date and immediately upon demand, deliver to us a completed

"Province of British Columbia Certificate of Insurance" for all insurance required to be maintained by you under this Agreement;

(c) ensure that all insurance required to be maintained by you under this Agreement is:

(i) placed with insurers licensed in British Columbia;

(ii) primary and does not require the sharing of any loss by any insurer that insures

us; and

(iii) endorsed to provide us with 30 days' advance written notice of cancellation; and

(d) allow us, upon written request, to review and inspect at your premises all policies of

insurance required to be maintained by you under this Agreement. No copies or photos of your policies shall be made.

6.7 You acknowledge that we may, from time to time, notify you to:

(a) reasonably change the amount of insurance set out in subsection 6.6(a); and




(b) provide and maintain another type or types of insurance in replacement of or in addition to the insurance previously required to be maintained by you under this Agreement. Such replacement of additional insurance will be appropriate and reasonable for your activities under this Agreement; and you will, within 60 days of receiving such notice, cause the amounts and types to be changed and deliver to us a completed "Province of British Columbia Certificate of Insurance" for all insurance then required to be maintained by you under this Agreement.

ARTICLE 7 - OWNERSHIP

7.1 Notwithstanding the fact that you may install a Pipeline and Improvements within or on the Land in

such a manner that it or they become affixed to the Land, the Pipeline and Improvements will remain your property and you may, at any time, remove the whole or any part of the Pipeline and Improvements in accordance with the applicable laws.

ARTICLE 8 – ASSIGNMENT

8.1 Except as otherwise permitted in this Agreement, you must not sublicense, assign, mortgage or

transfer this Agreement or permit any person to use or occupy the Land, without our prior written consent, which consent will not be unreasonably withheld, conditioned, or delayed.

ARTICLE 9- TERMINATION


(a) if you:

(i) default in the payment of any money payable by you under this Agreement; or

(ii) fail to observe, abide by and comply with the provisions of this Agreement (other

than the payment of any money payable by you under this Agreement),

and your default or failure continues for 60 days after we give written notice of the default or failure to you;

(b) if the Certificates authorizing you to construct and operate the Pipeline have expired, or

been terminated or cancelled and you are not pursuing reinstatement, an appeal or other available cure options, or the Certificates has not been reinstated, reissued or otherwise replaced to allow for the construction and operation of the Pipeline; or

(c) if:

(i) any case, proceeding or other action shall be instituted in any court of competent

jurisdiction against you, seeking in respect of you an adjudication in bankruptcy, reorganization of your indebtedness, dissolution, winding up, liquidation, a composition, proposal or arrangement with creditors, a readjustment of debts, the appointment of a trustee, receiver, receiver and manager, interim receiver, custodian, liquidator sequestrator or other person with similar powers with respect to you or of all or any substantial part of your property, or any other like relief in respect of you under the Bankruptcy and Insolvency Act (Canada), the Companies’ Creditors Arrangement Act (Canada), or any other bankruptcy, insolvency or analogous law and:



Page 10 of 13 OGC – UTILITY LICENCE

(A) such case, proceeding or other action results in an entry of an order for relief or any such adjudication or appointment; or

(B) the same shall continue undismissed, or unstayed and in effect, for any

period of 60 days; or

(ii) you make any assignment in bankruptcy or you make any other assignment for the

benefit of creditors, you make any proposal under the Bankruptcy and Insolvency Act (Canada) or any comparable law, you seek relief under the Companies’ Creditors Arrangement Act (Canada), or any other bankruptcy, insolvency or analogous law, or you file a petition or proposal to take advantage of any act of insolvency; or

(d) if this Agreement is taken in execution or attachment by any person and such execution or

attachment is not released, bonded, satisfied, discharged, vacated or stayed within 60 days after the entry, commencement or levy; or

(e) if a statutory right of way has been entered into between the Commission and the Licensee

pursuant to Section 2.4;

this Agreement may be, at our option and with or without entry, terminated upon 30 days prior written notice to you and your right to use and occupy the Land will cease. We agree that any termination under this Article 9 does not prevent you from seeking lawful authority to use the Land pursuant to another statutory authority.

9.2 If the condition complained of (other than the payment of any money payable by you under this

Agreement) reasonably requires more time to cure than 60 days, you will be deemed to have complied with the remedying of it if you commence remedying or curing the condition within 60 days and diligently complete the same.


(a) you will make no claim for compensation, in damages or otherwise, upon the lawful

termination of this Agreement under section 9.1; and

(b) our remedies under this Article are in addition to those available to us under the Land Act.

ARTICLE 10 - DISPUTE RESOLUTION

10.1 If any dispute arises under this Agreement, the parties will attempt to resolve the dispute within

60 days of the dispute arising (or within such other time period agreed to by the parties) and, subject




to applicable laws, provide candid and timely disclosure to each other of all relevant facts, information and documents to facilitate those efforts.

10.2 If a dispute under this Agreement cannot be resolved under section 10.1, we or you may refer the

dispute to arbitration conducted by a sole arbitrator appointed pursuant to the Arbitration Act.

10.3 The cost of the arbitration referred to in section 10.2 will be shared equally by the parties and the

arbitration will be governed by the laws of the Province of British Columbia.

10.4 The arbitration will be conducted at our offices (or the offices of our authorized representative) in

Fort St. John, British Columbia, and if we or our authorized representative have no office in Fort St. John, British Columbia, then our offices (or the offices of our authorized representative) that are closest to Fort St. John, British Columbia.

ARTICLE 11 - NOTICE

11.1 Any notice required to be given by either party to the other will be deemed to be given if mailed by

prepaid registered mail in Canada or delivered to the address of the other as follows:

(a) to us:

OIL and GAS COMMISSION Bag 2 Fort St. John, BC V1J 2B0;

(b) to you:

TRANS MOUNTAIN PIPELINE ULC

2700, 300 – 5th Avenue S.W. Calgary, AB T2P 5J2;

or at such other address as a party may, from time to time, direct in writing, and any such notice will be deemed to have been received if delivered, on the day of delivery, and if mailed, 7 days after the time of mailing, except in the case of mail interruption in which case actual receipt is required.

11.2 In order to expedite the delivery of any notice required to be given by either party to the other, a

concurrent facsimile copy of any notice will, where possible, be provided to the other party but nothing in this section, and specifically the lack of delivery of a facsimile copy of any notice, will affect the deemed delivery provided in section 11.1.

11.3 The delivery of all money payable to us under this Agreement will be effected by hand, courier or

prepaid regular mail to the address specified above, or by any other payment procedure agreed to by the parties, such deliveries to be effective on actual receipt.

ARTICLE 12 - MISCELLANEOUS

12.1 No provision of this Agreement will be considered to have been waived unless the waiver is in

writing, and a waiver of a breach of a provision of this Agreement will not be construed as or constitute a waiver of any further or other breach of the same or any other provision of this Agreement, and a consent or approval to any act requiring consent or approval will not waive or render unnecessary the requirement to obtain consent or approval to any subsequent same or similar act.




12.2 No remedy conferred upon or reserved to us under this Agreement is exclusive of any other remedy in this Agreement or provided by law, but that remedy will be in addition to all other remedies in this Agreement or then existing at law, in equity or by statute.

12.3 The grant of a sublicence, assignment or transfer of this Agreement does not release you from your

obligation to observe and perform all the provisions of this Agreement on your part to be observed and performed unless we specifically release you from such obligation in our consent to the sublicence, assignment or transfer of this Agreement.

12.4 This Agreement extends to, is binding upon and enures to the benefit of the parties, their heirs,

executors, administrators, successors and permitted assigns.

12.5 If, due to a strike, lockout, labour dispute, act of God, inability to obtain labour or materials, law,

ordinance, rule, regulation or order of a competent governmental authority, enemy or hostile action, civil commotion, fire or other casualty or any condition or cause beyond your reasonable control, other than normal weather conditions, you are delayed in performing any of your obligations under this Agreement, the time for the performance of that obligation will be extended by a period of time equal to the period of time of the delay so long as

(a) you give notice to us within 30 days of the commencement of the delay setting forth the

nature of the delay and an estimated time frame for the performance of your obligation; and (b) you diligently attempt to remove the delay.


(a) we are under no obligation, express or implied, to provide financial assistance or to

contribute toward the cost of servicing, creating or developing the Land or the Improvements and you are solely responsible for all costs and expenses associated with your use of the Land and the Improvements for the purposes set out in this Agreement; and

(b) nothing in this Agreement constitutes you as our agent, joint venturer or partner or gives

you any authority or power to bind us or the Province in any way.

12.7 This Agreement does not override or affect any powers, privileges or immunities to which you are

entitled under any enactment of the Province of British Columbia.

The parties have executed this Agreement as of the date of reference of this Agreement.

SIGNED on behalf of the OIL and GAS COMMISSION by a duly authorized signatory

Authorized Signatory – James O’Hanley, Vice President Applications




SIGNED on behalf of TRANS MOUNTAIN PIPELINE ULC by a duly authorized signatory

Authorized Signatory


Licence No.: 959447 File No.: 9000670

SCHEDULE A – ADDITIONAL CONDITIONS

Approval Holder: Trans Mountain Pipeline ULC



Approved Disturbance Footprint: 6.16 ha

Activity Area

1. The approvals granted under this Agreement to occupy and use the Land are limited to the areas identified in the spatial data submitted to the Commission in the permit application as identified in the following table:

CER Ancillary Activity No: 00161672-00161684 Type: Workspace

Tenure No.: 9000670

Document No.: 959447 CER Pipeline Right of Way No.: 000024481

Land Area Number: 100003903

FROM: d-012-K / 092-H-04 TO: d-077-H / 092-G-02

Segment No.: 001

2. The approvals to occupy and use the Land identified in the above table are subject to the following:

a) The total disturbance caused by the approved activities must not exceed the total approved disturbance footprint as referenced above.

b) The permission to occupy and use the Land excludes the area within map reserves designated under sections 17 of the Land Act, unless:

(i) the map reserves have been amended for the purposes of the Trans Mountain Expansion Project; or

(ii) the Trans Mountain Expansion Project has been deemed compatible use with the overlapped map reserves.

Notification

3. A notice of construction start must be submitted to [email protected], or such other address as indicated in a notice from us, at least 48 hours prior to the commencement of activities under this Agreement.

4. At least 48 hours prior to the commencement of activities under this Agreement, you must provide notice to any First Nation(s) who may have Aboriginal Interests identified, as per the BC First Nations Consultative Areas Database, within the area in which the work is to commence.

5. Within 60 days of the completion of construction activities on the Land you must submit to us a post-construction plan as a shapefile and PDF plan accurately identifying the location of the total area actually disturbed under the Licence.

Environmental

6. Unless a condition or its context suggests otherwise, terms used in this approval have the same meaning as the Environmental Protection and Management Regulation under the Oil and Gas Activities Act.

7. Construction activities must not result in rutting, compaction or erosion of soils that cannot be reasonably rehabilitated to similar levels of soil productivity that existed on the operating area prior to the construction activities taking place.

8. Any temporary access must be constructed and maintained in a manner that provides for proper surface drainage, prevents pooling on the surface, and maintains slope integrity.



9. You must make reasonable efforts to prevent establishment of invasive plants and organisms resulting from

the carrying out of activities authorized under the Agreement.

10. You must take reasonable measures to ensure that the quality, quantity or timing of flow of the water to any waterworks located within or adjacent to the pipeline right of way and workspace is not materially adversely affected. If it is not practicable to avoid such an effect, you must:

take all reasonable measures to minimize the adverse effect;

provide notice to the owner or user of the waterworks before or as soon as practicable following any adverse effect; and

for the period of adverse effect, provide the owner or user of the waterworks with an alternate supply of water of equal or better quality.

11. Approved activities must not cause a material adverse effect on the quality, quantity or natural timing of flow of water in an aquifer.

12. To protect karst features you must:

a) prior to construction, ensure a qualified professional completes an assessment identifying any mapped karst features within 150 m of approved activities,

b) submit a report, satisfactory to us, identifying the results of the assessment, including any potential impacts to a karst feature and any planned mitigation of those impacts, and

c) implement the mitigations, if any, specific in the report under b).

13. Dust control measures must be undertaken to ensure that dust resulting from construction or maintenance activities do not affect safe travel on a road or significantly impair the use and enjoyment of lawfully occupied permanent dwellings, significant public use areas or other similar areas.

14. You must undertake reasonable measures to mitigate noise from the construction activity that has the potential to affect public safety or significantly impair the use and enjoyment of lawfully occupied permanent dwellings, significant public use areas during periods of use or other similar areas.

15. Following completion of construction activities, you must, as soon as practicable:

a) decompact any soils compacted by the activity;

b) if natural surface drainage pattern was altered by the carrying out of the activity restore the affected area, to the extent practicable, to the drainage pattern and its condition before the alteration; and

c) re-vegetate any soil exposed by the activities including, where necessary, using seed or vegetative propagules of an ecologically suitable species that:

(i) promote the restoration of the wildlife habitat that existed on the area before the oil and gas activity was begun; and

(ii) stabilize the soil if it is highly susceptible to erosion.

16. Following completion of construction activities, any retrievable surface soils disturbed by the activity must be redistributed on the land so that the soil structure is restored, to the extent practicable, to its condition before the activity was begun.

17. Except with leave of the Commission, the temporary or permanent storage of acid rock within the operating area is not authorized under this approval.

18. Except as shown on the construction plans or with leave of the Commission, clearing for additional work space is not permitted within old growth management areas.

19. Open trenches and excavations must be backfilled as soon as practicable.



20. Immediately prior to conducting any clearing or significant maintenance activities between November 1 and

April 15, the approval holder must have a Qualified Environmental Professional survey for any bear dens located within 250 metres of that activity.

21. Except with leave of the Commission, the approval holder must not undertake construction or significant maintenance activities within 250 metres of any active bear den between November 1 and April 15 that was identified by the survey conducted in accordance with condition 22.

22. The Approval Holder must ensure that any Crown land within the activity area is maintained in a condition so as to minimize hazards, including but not limited to hazards associated with storage of materials and equipment.

23. The Approval Holder must ensure that any Crown land within the activity area is maintained free of garbage, debris and unused equipment.

24. At the completion of construction activities the permit holder must restore any identifiable trails traditionally used by First Nations that were impacted by construction, to the level of access that existed prior to construction, if the location of the trail is made known to the permit holder by a First Nation or the Commission prior to the permit holder’s notice of construction start.

Archaeology

25. An AIA report must be submitted to the Commission as soon as practicable.

ADVISORY GUIDANCE

1. Construction Plans are for your internal reference only and were not reviewed as decision tools for this permit, nor do they form an integral part of this Agreement.

2. You should be aware that the approval under s.39 of the Land Act does not extend to Indian Reserves; parks, protected areas or recreation areas designated under the BC Parks Act; municipal Crown land; or private land.

3. You should be aware that impacts to recreation features, trails, recreation facilities, interpretative forest sites or recreation sites identified, authorized or established under the Forest and Range Practices Act are subject to

additional authorizations by the Ministry of Forests, Lands, Natural Resource Operations and Rural Development.

4. You should be aware that there may be First Nation’s traditional, cultural, or spiritual activities occurring concurrently with maintenance activities, as well as areas of current use or cultural resources that overlap the activity area. All reasonable efforts should be made to minimize interference with those activities while carrying out the activities authorized herein.

5. The approval holder should refer to the Best Practices for Managing Invasive Plants on Oil and Gas Operations guide as a tool for planning for and conducting works: https://bcinvasives.ca/documents/OG-Guide_2013_FINAL.v2.pdf

https://bcinvasives.ca/documents/OG-Guide_2013_FINAL.v2.pdf

https://bcinvasives.ca/documents/OG-Guide_2013_FINAL.v2.pdf

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